Major Case Studies in India
Various cases have come to light before the judiciary related to trade mark infringement. Some of them have been discussed below to understand the topic in detail.
• ITC against Cadbury, 2013
In April, 2005, Cadbury filed a ban in the High Court of Ahmedabad against ITC for the use of the Eclairs trademark on the product, Candyman Eclairs.
But, the Intellectual Property Appellate Board in November gave the ruling against Cadbury saying that it is not the possessor of three trademarks comprising the name Eclairs. The Board discovered that after the registration of the three trademarks, Chocolate Éclairs, Orange flavored chocolate eclairs and Chocolate Eclairs pop, Cadbury did not actually use them. Though, they claimed
It also tried to copy the Horlicks Limited’s label. Horlicks opposed to these activities saying that because it manufactured product for children, they had to meet certain prescribed qualities and standards as per law. They also said that on theor end they always ensured proper hygiene while manufacturing these products. Thus, if Karthik confectionary used the same trademark, then at some point of time they might face the consequences of Karthik Confectionary’s conduct. Thus, they filed a case to restrain Karthik Confectionary from using the trademark. Consecutively, the court passed the order in favor of Horlicks, thus banning Karthik Confectionary from producing and trading the toffees under the Horlicks trademark.
.Dr. Reddy's Laboratories Limited versus Manu Kosuri, 2001
Dr Reddy’s was founded in 1984 to carry out the examination and advances in medicine. Since, then it has developed into a big pharmaceutical company. The organization has a well formed network and many divisions in India and around the world. The company registered and has been using the “Dr. Reddy’s” trademark for a long period of time. But, when this case was filed, their registration application was still due and the organization was working with a domain name which was registered, called as "drreddys.com".
On the other hand, another company
Ltd produces and sells the dental items in India using the trademark “colgate”. The organization is a market leader in the world in the profession of tooth paste and dental products. They applied for registration of this trademark in the year 1954 in India. Thereafter, they have sold their items in cartons of red color which bear the trademark Coalgate in white print. Infact, they have especially designed the trademark using a typical style and size of font. Their trademark has been registered in terms of the usage of the color also since 1959. Thus, since then they enjoy the exclusive right over this
Product: The company produces a physical good – Cookies/Crackers. In doing this, the company became diversified by the use of several product lines, not just one line of cookie or cracker. Also, in acquiring other businesses, the company thought it best to keep the originating firm’s brand name vice-carrying its name on the new product (i.e., Sunshine company). In thins regard, Sunshine’s Cheeze-It cracker line would not risk losing customers who are accustomed to that logo on the product or the name being used in association with the product.
I consider this was a win-win situation, the old board of Cadbury got what they wanted, a fair price for their shares, and regarding Kraft, having purchased the world’s largest confectionery, was a deal.
The aim of this essay is to critically discuss how the law of passing off and trade mark law have common roots and therefore are, in many respects, similar. I will begin with a short brief history of trade mark law and the law of passing off. I move on to discuss the similarity between trade mark law and the law of passing off with reference to relevant case law and statutes. Although, passing off and trade mark law deal with overlapping factual situations, s 2(2) of the Trade Mark Act 1994 maintains passing off as a separate cause of action. When a trade mark is threatened by the actions of third parties the proprietor will bring an action for both passing off and trade mark infringement which both share many similarities. However, they are
The Coca-Cola Company is one of the world’s leading drink organizations. Its red and white
Before Milton Hershey had a world wide known chocolate business, he had a small, not so well known caramel business. Milton Hershey began his chocolate making business in 1893, when his father and him traveled to Chicago to attend a big job fair (Tarshis 14), but it wasn’t until 1900 when Hershey succeed in making the first milk chocolate candy bar (The Hershey Company). Hershey attended an exhibit hall of new and amazing inventions around the world at the fair in Chicago. As Hershey walked into the exhibit hall, he was struck by a delectable smell (Tarshis 14). “Hershey was already a leading candy maker. He had created the largest caramel factory in the country, but he became convinced that the future of his business would be chocolate. At the fair in Chicago, Hershey Bought chocolate-making equipment. He had it shipped back to his caramel factory in Pennsylvania. Then he hired two chocolate makers. Soon the company was churning out chocolate candies in more than 100 shapes” (Tarshis 15).
During a "chocolate scare" in the early 1970's when the supply of chocolate went way down and the price went way up Hershey's who uses chocolate as a main ingredient more than Mars does had to cut down on spending in some area of business, so they chose to cut down spending on advertising. Mars saw this as an opportunity to spend more money on advertising and even more importantly M&M/Mars saw an opportunity to knock Hershey's out of the #1 spot. M&M's plan was successful, they used very aggressive marketing and they become the #1 chocolate/candy company in America.
Milka is one of Mondelez International Inc. brands and the leading European chocolate. Milka chocolate unique lilac-colored packaging and the famous lilac cow symbolize the brand together with its Alpine heritage. Created by Suchard in 1901, Milka became very quickly the milk chocolate tablets specialist, which is now expanding to more delicious varieties and new products. ("Mondelez international," 2014)
"Food: The History of Chocolate." Birmingham Post 11 Dec. 2004, First ed., Features sec.: 46. Print
Cadbury must be able to create or revise a marketing mix that would keep a strong stand in the market against the big competition from Nestle and Hershey who both have very successful campaigns for their chocolate products.
In order to understand the situation of Cadbury-Schweppes in the CSD industry, the product, which is soda, needs to be analyzed.
However, this company consists a lot of brand for their all products. For example, Cocopie, Golbean, Mum’s Bake, Lot100, Koko Jelly,
Abby Willow once said, “The average American adult consumes 11.7 pounds of chocolate every year- that's the weight of about 6 pairs of shoes!” With so much consumption of chocolate by Americans, it is crucial for the numerous brands to advertise their products in a manner that could potentially dominate their competition in sales. There are endless ways for a company to draw the attention of an audience in order to take over the competition of chocolate sales. Advertising is a key aspect as to how successful a brand may be when compared side-by-side to a similar product. While Snickers and Reese’s Peanut Butter Cups are similar, they are also different; the differences are significant because they demonstrate how some competitors choose to go above and beyond for their advertising while others opt to take a route that is of a more simplistic nature.
Branding experts could not imagine how Olper’s could distance itself from its parent company’s incredibly unappetizing, chemical-laden, and non-edible roots. Yet, by the end of 2006, sales for Olper’s Milk had reached Rs.1 billion (approximately US$ 15 million) and in 2008, the brand has a market share of close to 22 percent—second only to Milk Pak (estimated at 40 percent). The critics had to grudgingly accept that the new entrant to the multi-billion rupee packaged milk category meant business.
Labeling Anticipated changes in food labeling legislation will determine the manner CC labels its cakes' nutritional content. Expanded labeling information requirements are expected in the future (Seiz, 2005). Strategic objective: CC must increase its knowledge of ingredient composition and related derivatives to provide improved labeling and to protect any allergy-prone customers from harm.
This competitive advantage has been rendered sustainable as other players have found it difficult to catch up with the company's competitive strategy. In spite of this clear advantage, it was noted that the company faces some challenges being the world leader in soft drink distribution. The canning and bottling of the product which is done in many countries have now fallen into the hands of independent companies, thus it becomes hard for a given company to control the quality of the packaging